32 C.F.R. § 155.4

Policy

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It is DoD policy that:

(a) All proceedings provided for by this part shall be conducted in a fair and impartial manner.

(b) A clearance decision reflects the basis for an ultimate finding as to whether it is clearly consistent with the national interest to grant or continue a security clearance for the applicant.

(c) Except as otherwise provided for by E.O. 10865, as amended, or this part, a final unfavorable clearance decision shall not be made without first providing the applicant with:

(1) Notice of specific reasons for the proposed action.

(2) An opportunity to respond to the reasons.

(3) Notice of the right to a hearing and the opportunity to cross-examine persons providing information adverse to the applicant.

(4) Opportunity to present evidence on his or her own behalf, or to be represented by counsel or personal representative.

(5) Written notice of final clearance decisions.

(6) Notice of appeal procedures.

(d) Actions pursuant to this part shall cease upon termination of the applicant's need for access to classified information except in those cases in which:

(1) A hearing has commenced;

(2) A clearance decision has been issued; or

(3) The applicant's security clearance was suspended and the applicant provided a written request that the case continue.

[57 FR 5383, Feb. 14, 1992, as amended at 59 FR 48565, Sept. 22, 1994]

Notes of Decisions

Cited in 4 cases, 1973–1975 · leading case: Gayer v. Schlesinger, 490 F.2d 740 (D.C. Cir. 1973).

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Gayer v. Schlesinger, 490 F.2d 740 (D.C. Cir. 1973). · cites it 5× “32 C.F.R. § 155.4 (e). In Mr. Wentworth’s ease, this includes the favorable aspects of his life, and in connection with Criterion S such circumstances as the extent of public knowledge of his sexual life, and the absence of any record of unfaithfulness to duty.”

Robert P. Smith v. James R. Schlesinger, Sec'y of Def., 513 F.2d 462 (D.C. Cir. 1975). · cites it 2× “This Criterion is subject to the general policy stated in Part 111(a), (e), 32 C.F.R. § 155.4 (a), (e) which mandates that a security clearance “shall be granted or continued only to those individuals who have been determined eligible based upon a finding that to do so is…”

9 Fair empl.prac.cas. 1396, 6 Empl. Prac. Dec. P 8896 Robert Wallace McKeand v. Melvin Laird, Sec'y of Def., 490 F.2d 1262 (9th Cir. 1974). · cites it 2× “4 states that the 'policy' that '(a) Access to classified information shall be granted or continued only to those individuals who have been determined eligible based upon a finding that to do so is clearly consistent with the national interest.”

Richard L. Gayer v. James R. Schlesinger, Sec'y of Def., Otto H. Ulrich, Jr. v. James R. Schlesinger, Sec'y of Def., Benning Wentworth v. James R. Schlesinger, Sec'y of Def., 490 F.2d 740 (D.C. Cir. 1973). · cites it 4× “155 (1972) 3 32 C.F.R. 155.4(a) (1972) 4 32 C.F.R. 155.”

— 32 C.F.R. § 155.4(a) — 1 case

Richard L. Gayer v. James R. Schlesinger, Sec'y of Def., Otto H. Ulrich, Jr. v. James R. Schlesinger, Sec'y of Def., Benning Wentworth v. James R. Schlesinger, Sec'y of Def., 490 F.2d 740 (D.C. Cir. 1973). “155 (1972) 3 32 C.F.R. 155.4(a) (1972) 4 32 C.F.R. 155.”

— 32 C.F.R. § 155.4(b) — 1 case

Richard L. Gayer v. James R. Schlesinger, Sec'y of Def., Otto H. Ulrich, Jr. v. James R. Schlesinger, Sec'y of Def., Benning Wentworth v. James R. Schlesinger, Sec'y of Def., 490 F.2d 740 (D.C. Cir. 1973). “155 (1972) 3 32 C.F.R. 155.4(a) (1972) 4 32 C.F.R. 155.”

— 32 C.F.R. § 155.4(e) — 1 case

Richard L. Gayer v. James R. Schlesinger, Sec'y of Def., Otto H. Ulrich, Jr. v. James R. Schlesinger, Sec'y of Def., Benning Wentworth v. James R. Schlesinger, Sec'y of Def., 490 F.2d 740 (D.C. Cir. 1973). “155 (1972) 3 32 C.F.R. 155.4(a) (1972) 4 32 C.F.R. 155.”

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